An appeals court judge who is on President-elect Donald Trump’s list of potential nominees for the U.S. Supreme Court delivered a ruling on Tuesday that reversed a lower court’s dismissal of a complaint surrounding the denial of a “gay-straight alliance” club at a Florida middle school.

11th Circuit Court of Appeals Judge William Pryor, who also prosecuted Alabama Chief Justice Roy Moore in 2003 over his refusal to remove a Ten Commandments monument from the rotunda of the Alabama Supreme Court, wrote the opinion on behalf of his colleagues.

“[T]he complaint that the Board violated the Act is ripe because the Board made a final decision when it rejected the application of the Alliance to form a club,” he wrote. “[T]he complaint also is not moot because the district court can still fashion relief for a violation of the Act. … [T]he Act applies to Carver because it provides courses for high school credit and, under Florida law, these courses constitute ‘secondary education.'”

The matter began in 2011 when Carver Middle School student Bayli Silberstein sought permission to form an alliance, but was denied. In 2013, the American Civil Liberties Union (ACLU) filed suit on behalf of student Hannah Faughnan, who took on the effort after Silberstein moved on to high school.

The Lake County School Board had issued new rules about student clubs that year, which limited permitted groups to “organizations that strengthen and promote critical thinking, business skills, athletic skills, and performing/visual arts.” It declined the request for the alliance because it was unrelated to the school curriculum and did not fall under any of the required categories, but allowed Faughan the opportunity to prove otherwise.

The ACLU asserted that the board’s actions and the new rules violated the federal Equal Access Act, but last year, U.S. District Judge William Terrell Hodges dismissed the case, stating that the law only applies to secondary schools. He also noted that Faughan did not resubmit the application when provided the chance.

On Tuesday, Pryor and his colleagues overturned Hodges’ ruling, stating that as Carver Middle School offers courses good for high school credit, the school would apply under the Equal Access Act. It remanded the case back to the lower court to rule accordingly.

“Because the term in the Equal Access Act that matters is ‘secondary education,’ not ‘secondary school,’ we need not delve into this tangle of provisions,” Pryor wrote on behalf of the panel. “We conclude that ‘secondary education,’ under Florida law, means at least ‘courses through which a person receives high school credit that leads to the award of a high school diploma.'”

“Carver Middle School provides courses through which students can obtain high school credit. The Equal Access Act applies to Carver Middle School,” he continued. “We vacate the order that dismissed the complaint under the Equal Access Act and remand for further proceedings consistent with this opinion.”

As previously reported, Pryor had grilled Alabama Chief Justice Roy Moore in 2003 as he stood trial for refusing to remove the Ten Commandments from the rotunda of the state Supreme Court. His comments to Moore focused more on Moore’s refusal to stop acknowledging God in his official capacity.

“[Y]our understanding is that the federal court ordered that you could not acknowledge God; isn’t that right?” Pryor asked. “And if you resume your duties as chief justice after this proceeding, you will continue to acknowledge God as you have testified that you would today?”

“That’s right,” Moore replied.

“No matter what any other official says?” Pryor asked.

“Absolutely,” Moore stated. “Let me clarify that. Without an acknowledgment of God, I cannot do my duties. I must acknowledge God. It says so in the Constitution of Alabama. It says so in the First Amendment to the United States Constitution. It says so in everything I have read.”

“The only point I am trying to clarify, Mr. Chief Justice, is not why, but only that, in fact, if you do resume your duties as chief justice, you will continue to do that without regard to what any other official says; isn’t that right?” Pryor asked.

As Moore continued to stand his ground, he was ordered by Pryor to be “removed from his position of Supreme Court justice of Alabama.”

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OhSoGood

Awesome decision! Good job judge!

johndoe

Why does any school have a gay-straight club, or for that matter a gay club, or straight club? A club devoted to sexual issues? Puh-leez. Kids are going to talk about sex plenty, let them do that on their own time, which they will. A school has no business at all discussing sex or sexual ethics, kids should get their moral training from their parents, and they can talk smut with each other 24/7, but clubs like this are ridiculous.

Tangent002

These clubs are not discussing sex, they discuss issues related to being homosexual.

johndoe

A club based on SEXual orientation, but they’re not discussing SEX?

Uh huh,…

Tangent002

Yep. They discuss issues related to discrimination, how to deal with difficult family members, ‘coming out’ to friends, etc.

johndoe

If they did not make the choice to identify as homosexual, they would not face any of those issues.

Therefore, clubs encouraging people to “out” themselves are in fact encouraging kids to face stresses that could be easily avoided.

So, these clubs are encouraging kids to add to the normal load of stress, and to see themselves as victims. “Join our club, kids, we’ll teach you to feel paranoid and victimized.” Schools should not be encouraging kids to add to their stress, or to claim victimhood.

We all know why homosexuals encourage these clubs, because you want access to the young.

zeddicuskotor

Thanks for admitting to your perversion.

Tangent002

While the jury is still out on a conclusive cause for homosexuality, ‘choice’ is not among the possibilities.

These clubs are a support system for homosexuals and thus help relieve stress.

johndoe

“Relieving stress” with people like you.

You’re all pedophiles.

Tangent002

People like me? You mean Latvian-Scots?

james blue

Could you choose to be gay? I couldn’t

Liberal Elitist

If one is homosexual, there is certainly nothing wrong with identifying as homosexual. In time you’ll get used to the idea.

james blue

These are after school clubs, just like good news clubs. If you don’t want your kids to join don’t let them.

Tangent002

I middle school, parental consent is required for club membership, at least in my school district.

Grace Kim Kwon

So destructive. Does anyone make a gain by making Americans get sick or addicted since youth? Children’s best should be aimed. (Matthew chapter 7, Luke chapter 11) American children need Christian schools and Christian education to be proper and worthy.

OhSoGood

Oh… you’re so funny!

Guest254

At that age kids shouldn’t be orientating themselves any which way. Around that time I’m sure puberty is starting to take place. At that time kids are starting to wonder what’s going on with their body. But now, oh which side are you on?

zeddicuskotor

At that age kids are already expressing their sexuality.

Guest254

In middle school? Kids are between 11-14, that’s just sick. They don’t even understand what’s it for at that age.

zeddicuskotor

I was watching porn at 12. You’re just in denial that teenagers are interested in sexual issues.

Guest254

You had access to porn at 12, sounds like someone needs to talk with your parents

Tangent002

Kids can be very sneaky.

Guest254

Someone has to inform then on what it is

zeddicuskotor

So thanks for proving my point.

Guest254

That someone needs to talk to your parents. Parents should not be concerned with their children going to school and coming home informed of sexual behaviors

zeddicuskotor

You’re in denial of reality. Also ignorance is not something that you should be promoting.

Guest254

Reality is that your logic is primary cause

zeddicuskotor

Which is gibberish.

Guest254

You said it. Your logic is gibberish

zeddicuskotor

Your comment wasn’t a argument or a statement. Just gibberish.

johndoe

Not everyone is like you. There are decent people in the world who have interests besides sex. You would not understand. In your demographic, you don’t meet decent humans.

zeddicuskotor

Stop arguing in absolutes, you’re embarrassing yourself.

The fact of reality is that teenagers view porn. You cannot stop that. As such, it is far better to enlighten them as to the whole range of issues dealing with sexuality, before they get the wrong ideas and become as damaged as you are.

Some of these teenagers will want to express themselves along these issues more than others, and they shouldn’t be stopped. Since oppressing sexual issues will only damage them. Ignorance is not a virtue.

Tangent002

It’s true. In Elizabethan times, for example, it was common for kids in their early teens to marry. Romeo and Juliet were likely between 11 and 14, modeled after tweens of the era.

Guest254

And you have historical facts.
That doesn’t make it right for our times, you can’t marry until age 18.

Tangent002

Due to better nutrition and the presence of BGH in some of our food, kids are hitting puberty earlier.

“A study published in Pediatrics in 2010 found that among a population of 1,200 American girls, about 23 percent of African-Americans,15 percent of Latinas and 10 percent of Caucasian girls had begun puberty (marked by breast development) at age 7.

In 2012, another study published in Pediatrics found that puberty in American boys – measured by testicular enlargement and pubic hair growth – was beginning six months to two years earlier than what research in previous decades had documented, particularly among African-American children.”

Guest254

Still doesn’t give no one the right to frolic around telling children what their parts are for. That study doesnt provide factual data for every single person

Tangent002

What do you think goes on in these clubs?

Guest254

These clubs are a gateway.

Tangent002

Oh, dear. A gateway to what?

Guest254

To unnecessary information that provides a youths imagination to err.

Tangent002

You understand that an adult must be present at school club meetings, right? In general, club membership at the middle school level requires parental consent as well.

Do you really think kids are discussing sexual techniques?

Guest254

I was in school clubs and the adults weren’t always there however we stayed on course with the purpose.

No telling. Someone watched porn when they were 12 and you’re 100% positive that kids KNOW what to do, so there is no telling what is being discussed.

Tangent002

So you want to make such clubs illegal based on what you think might be happening?

Guest254

Based on the answers I was given here on this site about religion, I don’t think this type of club would be suitable for school, because it is on school and government property and the government can’t endorse such practices because it is unconstitutional. This is the same answer I received for prayer i or on school property before a football game. No the clubs don’t have to be illegal, I don’t see them stimulating core curriculum success. The topics probably wouldn’t have anything to do with middle school education and development. So no, not in schools.

james blue

I think you are in denial there. While they might not be participating, unless they are kept in a homeschool bubble most are aware of and understand at that age.

Guest254

Even if they are aware of they do not have a full understanding. More than likely they are still developing and at that age. But if you’re underage, umarried teenage sexual activity, then you have issues.

Bob Johnson

Yet between 1990 and 2002 in the United States 137,000 children were born to mothers between 10 to 14 years old.

Guest254

Ages of their fathers? This is what happens when you talk about this to kids when they don’t have experience enough to understand.

johndoe

It’s about adult homosexuals being used to “counsel” them.
It’s all the agenda of sexual predators.

Tangent002

I was attracted to girls when I was in elementary school. Everyone is different.

Guest254

and so was I, but I didnt know anything pertaining to sex. And still attracted to women and now have an understanding that this is the way God intended to multiply life throughout all the earth

Guest254

Mr. Moore did right. Pryor was trying to get him to denounce God. Glad Moore knows that you shouldn’t deny Jesus.

Emmanuel

We have stand up and not be ashamed

Liberal Elitist

Jesus said it wouldn’t be easy, so that means you might be disappointed if you don’t get to be a judge.

Emmanuel

I will stand up for Christ and I will be too busy in heaven relaxing in my mansion to worry about that.

Emmanuel

Trump denies salvation and grace. His justice pick does not proclaim God. This guy is for the advancement of liberal progress. Makes sense to me that Trump would pick this guy.
Trump supporters, any explanation for this

I voted third party so…

Ambulance Chaser

Oh? What should Judge Pryor have ruled instead?

Reason2012

Yes, we must continue to pray for our leaders, including Trump.

By any of us supporting a third party that cannot win, that opened the door for Hillary to win who would have done far worse. God only offered us two choices this time around to continue judging America – by not voting for the lesser of the two evils and instead cast a useless vote (which is no different than not voting) is to allow the greater of the two evils (HIllary) a far greater chance of winning.

Liberal Elitist

Pryor would be an excellent choice.

Reason2012

It just shows how schools are now used to indoctrinate kids about_sexual perversion – and of course some of the results are how American education continues to decline. We remove God, we allow God to be removed, and_sexual depravity runs amuck, victimizing our kids to have their minds filled with this filth.

Harry Oh!

These clubs might actually serve a purpose if they promoted the truth about male to male sex namely that; it’s responsible for the vast majority of new Aids cases each year according to the CDC, there is no evidence for being born that way and all the mental health issues associated with a gay lifestyle (depression, suicide, anxiety, drug use, etc.)

http://www.frankspinella.net Frank Spinella

So many of the comments on this post thus far are betraying a complete lack of understanding of Judge Pryor’s ruling. He simply ruled that the lower court’s decision that the statute in question didn’t apply was wrong. It DID apply. So, Judge Pryor and his colleagues remanded the case back to the lower court to decide whether or not the School Board’s ban violated the statute.

Judge Pryor hasn’t so much as hinted at how HE would rule on that question. (Nor should he; that question wasn’t before the appellate court.) So, why are so many of you so ready to infer his views on God, homosexuality, what schools should or should not teach/allow, or anything else from this isolated judicial opinion?

Robert

Moore should be on the United states suprme court Pryor if he learns he might try and judge rabbits for the county fair.But He may not be any good at that either.

Shinn Diggle

I respectfully withdraw my support for judge William Pryor over his ferocious attack of Chief Justice Roy Moore who is a man of deep Christian faith!

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